News & Analysis as of

Creditors Investment

J.S. Held

The Enforceability of Sovereign Awards from the Perspective of an Asset Tracer

J.S. Held on

When award creditors for investor-state arbitrations think of an asset tracer’s arsenal of tools for enforcement of their awards, they may immediately think of chasing assets held by the state such as high-value properties, a...more

Troutman Pepper Locke

GENIUS Act: A Game-Changer for Crypto Bankruptcy Priorities

Troutman Pepper Locke on

The GENIUS Act represents a significant shift in U.S. bankruptcy law, particularly affecting stablecoin holders. In recent bankruptcy cases, crypto holders have been treated as general unsecured creditors, but this new...more

McDermott Will & Schulte

Key Takeaways | How I Learned To Stop Worrying and Love Choppy Waters

During this session, panelists that focus on special situations and distressed debt in various sectors provided their insights on the current state of the financial market, recent restructuring trends, and tools to implement...more

A&O Shearman

Navigating private credit in the Middle East

A&O Shearman on

The continued growth and diversification of the regional economies, coupled with significant advancements in the legal frameworks, have made the United Arab Emirates and the Kingdom of Saudi Arabia increasingly attractive...more

Latham & Watkins LLP

Chambers Global Practice Guide - Private Credit 2025

Latham & Watkins LLP on

The private credit market has emerged as a formidable force in the global financial landscape, offering a compelling alternative to traditional syndicated bank lending. The Private Credit Guide provides a broad overview of...more

Katten Muchin Rosenman LLP

Recognition Agreements in Preferred Equity

When making a preferred equity investment behind senior mortgage debt, both the senior lender and the preferred investor will have a number of concerns. Under what circumstances may the preferred investor exercise remedies?...more

Charles E. Rounds, Jr. - Suffolk University...

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Allen Barron, Inc.

Trust and Estate Planning for Business Owners

Allen Barron, Inc. on

Why is the end of the year a good time to consider trust and estate planning for business owners? Do you own real property or have other investments outside your business interests? Have you given any thought to what would...more

IR Global

UNCITRAL Model Law on cross-border insolvency, with a focus on the USA

IR Global on

Chapter 15 of the United States Bankruptcy Code, enacted in 2005, was intended to govern all aspects of cross-border bankruptcy and insolvency proceedings. The framers of Chapter 15 were desirous of providing a practical and...more

White & Case LLP

Looking at all the angles: incremental debt incurrence flexibility in detail

White & Case LLP on

From large cap syndicated deals to mid-market private credit, whether in loans or in bonds, the ability for borrowers to incur material incremental debt is commonplace. However, when you look beyond the headline ratios and...more

Charles E. Rounds, Jr. - Suffolk University...

Whether an equitable power of appointment incident to a trust relationship is “in gross” or “collateral”: The practical...

Section 17.3, comment f, of the Restatement (Third) of Property (Wills and Other Donative Transfers) explains the difference between a collateral power of appointment and a power of appointment in gross: “In traditional...more

Lippes Mathias LLP

Understanding the Role of an Estate Representative and Choosing the Right Individual for your Estate Plan

Lippes Mathias LLP on

Once you have taken the essential step in formulating your estate plan, you must name an executor of your Will. Whom should you designate for this significant role, and what is expected of them?...more

IR Global

The Cayman Islands: A Paradigm of Creditor Assurance and Investment Security

IR Global on

In our previous blog, we discussed the rising operational costs associated with maintaining on-premises document management systems (DMS) in law firms. This installment will focus on another critical aspect that is compelling...more

A&O Shearman

CRT and SRT trades: an introductory guide for issuers and investors - June 2024

A&O Shearman on

Our new report provides a practical introduction to credit risk transfer (CRT) and significant risk transfer (SRT) trades. It is a comprehensive starting point for new issuers, investors and other stakeholders. While CRT...more

Vinson & Elkins LLP

Avoiding Investor Pitfalls in Complex Construction Financing Arrangements

Vinson & Elkins LLP on

The frontier for construction project investment continues to grow – not just geographically and technologically – but also structurally, in the legal sense. Both equity and debt investors can employ a variety of complex...more

White & Case LLP

Six things to reflect on for creditors considering a share pledge enforcement

White & Case LLP on

In the current market, investors are increasingly considering their options in relation to the stressed and distressed credits in their portfolios. Whilst mindful of stakeholder relationships, secured lenders may, in some...more

Proskauer Rose LLP

Talking Trends

Proskauer Rose LLP on

In our latest Q&A series, we delve into the world of private credit through the lens of eminent women in the field — from professionals at the forefront of industry leadership to our own lawyers. Together, we navigate the...more

Hogan Lovells

Not set in stone – Hong Kong court approves post-implementation modifications to scheme of arrangement

Hogan Lovells on

The Hong Kong High Court has given a rare order for modifications to a scheme of arrangement after it had been implemented incorrectly by the scheme administrators. Drawing on instances in which the English courts have...more

Alston & Bird

Structured Finance Spectrum – Winter 2024

Alston & Bird on

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and...more

Proskauer Rose LLP

Private Credit Trends: Executive Compensation Considerations in Out-of-Court Restructurings - Insights

Proskauer Rose LLP on

Retaining key management at a distressed company in the midst of an out-of-court restructuring can be necessary for the success of the restructuring. To realign incentives, private credit lenders need to consider reloading...more

Rivkin Radler LLP

Intercompany Loan Treated As Constructive Distribution and Contribution

Rivkin Radler LLP on

Heads I Win, . . . - When closely held corporations that are under common control engage in any intercompany transaction, it is prudent for the corporations and their shareholders to ensure that the transaction is being...more

Nelson Mullins Riley & Scarborough LLP

Emerging Issues in Crypto Bankruptcies

The new frontier of crypto bankruptcies brings with it unique challenges. As more crypto platforms face financial distress and insolvency, investors find themselves navigating the intricacies of the Bankruptcy Code in a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

Rivkin Radler LLP

Debt or Equity? The Never-Ending Question For Closely Held Businesses

Rivkin Radler LLP on

What Was Intended? Transactions between commonly controlled, closely held businesses are often conducted in an informal manner. This is unfortunate because, in the absence of documentation, it is sometimes difficult to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The UK PRA’s Priorities for Insurance Supervision in 2023

The UK Prudential Regulation Authority (PRA) laid out its priorities for insurance supervision this year in a 10 January 2023 Priorities Letter. In this newsletter, we summarise the broad themes emerging from the Priorities...more

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